REGULAR MEETING OF THE COUNCIL OF THE CITY OF
MONDAY, MAY 23, 2011 AT 7:00 P.M.
COUNCIL CHAMBERS –
Mayor Landry called the meeting to order at 7:00 P.M.
PLEDGE OF ALLEGIANCE
ROLL CALL: Mayor Landry, Mayor Pro Tem Gatt, Council Members Fischer, Margolis – Absent/Excused, Mutch, Staudt, Wrobel
APPROVAL OF AGENDA
CM-11-05-066 Moved by Gatt, seconded by Staudt; CARRIED UNANIMOUSLY:
To approve the Agenda as amended
Roll call vote on CM-11-05-066 Yeas: Gatt, Fischer, Mutch, Staudt, Wrobel, Landry
1. Cadillac of Novi, Site Plan 11-10, For Special Development Option Concept Plan Approval - No public comment was received.
1. Emergency Run 5K Overall Top Runners – Elle Robinson, Joost Plaetinck, Katsuyuki Imagawa
Chief Molloy said on May 7, 2011 the second annual Emergency Run was held in partnership with Providence Park Hospital, the Novi Police Department, the Novi Fire Department and the City of Novi. He said 200 runners and 140 walkers participated in the event. He honored the overall 3 top winners. Elle Robinson was the first overall winner with a time of 21 minutes and 22 seconds. Joost Plaetinck was the second place winner with a time of 21 minutes and 22 seconds. Katsuyuki Imagawa was the third place winner with a time of 21 minutes and 42 seconds.
Elle Robinson said this was her second time running the race and she really enjoyed it. She looked forward to future races at the Emergency Run.
2. Thank You to Providence Park Novi for partnership with Emergency Run
Chief Molloy said they had an outstanding partnership with Providence Park Hospital beyond the Emergency Run. He thanked and recognized Jean Meyer and Lou Martin and their staff for their great work.
Ms. Meyer said it was always a vision of Providence Park Hospital to be a place to promote health and wellness. She said they were proud to be able to sponsor the event.
Mr. Cardenas said the Novi Road construction season started and would be closed to through traffic. Businesses were still open.
2. ATTORNEY – None
AUDIENCE COMMENT – None
CONSENT AGENDA REMOVALS AND APPROVALS (See items A-J)
CM-11-05-067 Moved by Gatt, seconded by Fischer; CARRIED UNANIMOUSLY:
To approve the Consent Agenda as presented
Roll call vote on CM-11-05-067 Yeas: Fischer, Mutch, Staudt, Wrobel,
A. Approve Minutes of:
B. Enter Executive Session immediately following the regular meeting of May 23, 2011 in the Council Annex for the purpose of discussing pending litigation and privileged correspondence from legal counsel.
C. Approval of a resolution authorizing cost participation for improvements to Meadowbrook Road between Ten Mile Road and Cherry Hill Road under a Federal Surface Transportation Program grant and local cost share agreement with the Michigan Department of Transportation in the amount of $82,600.
D. Approval to award an amendment to the engineering services contract for construction engineering services related to the C & O and Cedar Springs Regional Storm Water Detention Basin Improvements project to URS Corporation, in the amount of $28,097.
E. Approval to award an amendment to the engineering services contract for additional construction inspection related to the water main and sanitary sewer relocations for the Novi Road Link (Ten Mile Road to Main Street) widening project to Spalding DeDecker Associates, Inc., in the amount of $27,675.
F. Approval to award a construction contract for the C & O and Cedar Springs Regional Stormwater Detention Basin Improvements project to Oak Construction, the low bidder, in the amount of $93,885.
G. Approval of a resolution of support for the "Commerce, Walled Lake and Wixom Trailway Management Council" grant application to the Michigan Natural Resources Trust Fund (MNRTF).
H. Approval of the request of the applicant, ACR Investments, for a one-year extension to the termination date provided in the PRO Agreement for Triangle Place, SP07-22, a 2,575 square foot office or retail development, proposed to be located on a 0.48 acre parcel of land located on the east side of Haggerty Road, north of Eight Mile Road.
I. Approval of Resolution to close Ten Mile road from the Novi Civic Center to Taft Road and Taft Road to Nine Mile from 11:45 a.m. to 1:30 p.m. for the International Society for Krishna Consciousness (ISKCON) of Detroit’s Festival of the Chariots Parade Saturday, July 23, 2011.
J. Approval of Claims and Accounts – Warrant No. 844
MATTERS FOR COUNCIL ACTION – Part I
1. Consideration of the request of CEC Entertainment for Chuck E Cheese Expansion, SP11-09 for approval of the Preliminary Site Plan and Special Land Use Permit. The subject property is located in the existing 12 Mile Crossing at Fountain Walk shopping center on the south side of Twelve Mile Road, west of Donelson Drive, in Section 15 of the City. The property totals 67.2 acres and the applicant is proposing an approximately 3,000 square foot addition to the existing Chuck E Cheese.
CM-11-05-068 Moved by Gatt, seconded by Staudt; CARRIED UNANIMOUSLY:
To approve the Special Land Use Permit presented by CEC Entertainment for Chuck E Cheese Expansion, SP11-09 with a City Council finding under section 2516.2.C for the Special Land Use Permit for the following reasons:
This motion is made because the plan is otherwise in compliance with Article 17, Article 24, and Article 25 and all other applicable provisions of the Zoning Ordinance
Roll call vote on CM-11-05-068 Yeas: Mutch, Staudt, Wrobel, Landry, Gatt, Fischer
CM-11-05-069 Moved by Gatt, seconded by Staudt; CARRIED UNANIMOUSLY:
To approve the Preliminary Site Plan presented by CEC Entertainment for Chuck E Cheese expansion SP11-09 subject to compliance with all the conditions and requirements listed in the staff and consultant review letters. This motion is made because the plan is otherwise in compliance with Article 17, Article 24, and Article 25 and all other applicable provisions of the Zoning Ordinance.
Roll call vote on CM-11-05-069 Yeas: Staudt, Wrobel, Landry, Gatt, Fischer, Mutch
2. Consideration to approve the Third Amendment to the SDO Agreement for Cadillac of Novi, previously known as Hummer of Novi, and approval of the amended Preliminary Site Plan, SP11-10 and Stormwater Management Plan. The subject property is located at 41350 Grand River Avenue on the northeast corner of Grand River Avenue and Meadowbrook Road, in Section 24 of the City. The property totals 6.7 acres and the applicant is proposing building additions totaling approximately 2,227 square feet and changes to the existing parking lot layout.
Matt Quinn, representing Cadillac of Novi, said when they brought the Hummer Dealership to Council many years ago it was a unique opportunity because there were no Hummer Dealerships in the community and General Motors chose Novi to be the recipient. He said Novi was now chosen to be the recipient of a Cadillac Dealership. He said they came to Council previously, on a temporary basis, for signage to convert the Hummer Dealership to the Cadillac Dealership and they were back to make it permanent. He said the project would cost close to $2 million for the changes. He said it went along with the additional vacant building that the owners of Cadillac bought at the end of Jo Drive. He said they received a Special Land Use to do car prep work inside the building and to store vehicles outside the building. He said the Cadillac Dealership had sensitive lands and they agreed to preserve the sensitive lands. Within the development, they were going to add to the showroom area on the east and add new canopies in the reception area and service lineup area. He said they would have a larger showroom area, a service reception area, a parts department, service department, and administrative offices. He said the addition would allow them to meet some of General Motors requirements. There was a large book of site plan requirements that a dealership must meet. He said the current dealership was stuck in the middle between providing the requirements for Cadillac and the requirements of the City’s Site Plan processes. He said the dealership would also be adding to their outdoor display with a stamped concrete area in front of the entrance to the dealership where cars would be displayed. He said there would be a 3 foot wall around the Grand River side of the dealership to shield everything going on inside the site. They were trying to make an inviting entranceway for the Cadillac buyer. He said the stone would match the band of stone that went along the building, around the top, the cornice and around the windows. He said the east side of the building would be of the same stone material. He said they needed a small variance from the ordinance requirement, on the east side they were 6% short of brick but would be 8% over of the new stone material, which had been recommended by the City’s architectural consultant. He said besides the new construction area, there was a Hummer demo track which Cadillac’s do not need and would be torn out for new parking areas to be created. He said they were asking for a variance from the ordinance for the end islands of parking, instead of being raised with a curb they were asking that it be flat and painted because the rear area was where lease vehicles being turned in and cars being brought for trade in would be parked. A truck hauler would be brought in to pick them up and it could only get around the circle with that modification to the end islands. He said the other variance they were looking for from the ordinance was called average to minimum site lighting. To him it meant that across the entire site there was supposed to be an average lighting and if they deviated from that average, they couldn’t go below a certain minimum. He said right now their site did go below the minimum way in the back, but 2 additional light poles there would be a needless expenditure because it was very well lit as is. He said the new sign package was in the middle of the General Motors requirements and the City’s requirements. Previously they had the Hummer sign, and then they had a temporary Cadillac sign on the east side facing Grand River which was going to be removed. He said being proposed on that side was the new Cadillac sign with the script Cadillac centered on the larger wall. He said the other new signage on the east side of the building was also the Cadillac script; it would be on the inside of the site towards the parking lot and visible to people traveling westbound on Grand River. He said they were looking to add 2 monument signs which said Cadillac of Novi with the Cadillac symbol and each entrance of the dealership. He said currently the people traveling southbound on Meadowbrook could not see any signs identifying the building as Cadillac and the only way to fix that was to put a monument sign there. The other monument would be at the Grand River entrance. He said as a car came down the hill driving westbound on Grand River, if the driver missed the site they had to go through the entire intersection and then go in the back entrance. He said by identifying that as the driveway entrance, there would be a better traffic flow into the site from that area. He said the final sign was an insignia on the wall at the vehicle pad on Grand River and would sit behind the vehicles.
Mr. Cardenas said the concerns from Engineering and the Fire Marshall had been resolved. He said the staff was not recommending the sign changes because they greatly exceeded the ordinance standards that were currently in place. The staff suggested that the signs remain as currently approved and thought no increase in sign or number was warranted. He said there were 3 approvals that needed to take place, the SDO Concept Plan Agreement, approval for the Preliminary Site Plan, and approval for the Storm Water Management Plan.
Member Wrobel asked the staff what their opinion was of the monument sign height of 5 feet.
Ms. McBeth said both monument signs proposed exceeded the ordinance standards by having signs on both sides, as well as the overall area. She said the staff believed that directional signage may be appropriate but what was being proposed exceeded ordinance standards.
Member Wrobel thanked Mr. Wood for investing more in the City of Novi. He said he liked the changes and thought they would make it more attractive. He said he would be supporting it and had no issue with the signs because they were tastefully done, not overbearing, and identified the location better.
Member Staudt echoed the comments of Member Wrobel and said he would support the motion on all 3 counts.
Member Fischer appreciated the change and the investment. He asked Mr. Quinn about the requirement that General Motors mandated versus the compromise that the owner was making.
Mr. Quinn said Cadillac was asking for the same things as General Motors. He said if they had to throw away any insignias, it would put them in a compromising position.
Member Fischer said the way he understood it, there would be an entry monument sign off of Grand River, as well as an elevation sign on that side.
Mr. Quinn said the Cadillac sign was there and they were asking that a monument sign be added to the Grand River side.
Member Fischer asked if he felt it would be redundant to have a wall sign and an entry monument sign.
Mr. Quinn said the sign on the wall identified the building and the monument identified the entrance to the parking area. He thought it would be the first thing to be seen driving westbound on Grand River.
Member Fischer confirmed there were no other buildings going on the property and then asked for Mr. Quinn’s thoughts on directional signage as opposed to the monument signs.
Mr. Quinn said directional signage was too small to be seen from on top of the hill and he wanted someone driving down the hill to see the entrance. He said the square footage of the monument sign would meet the ordinance requirements if it were someplace else.
Member Fischer said he didn’t have an issue with many of the requests and he was inclined to agree with City staff regarding the signage. He said he would like to see a similar compromise because it was the Gateway District to the City and they were throwing caution to the wind when it came to the sign ordinance. He said there were several dealerships within the City and he couldn’t think of one that came close to the type of sign requests being made; so he would like to see some type of compromise.
Member Mutch said he didn’t have any particular concerns with the requests being made with the exception of the east building sign. He said the fact that the existing sign was going from 40 square feet to 200 square feet seemed beyond a reasonable request. He said what jumped out about that sign was that it would be larger than the sign on the front of the building which was very visible and clearly identified the dealership. He said he understood Mr. Quinn’s point that for somebody coming westbound on Grand River, the dealership wanted to identify itself but he thought that could be accomplished with the existing sign. He recalled Member Fischer saying this was the only building on the site and the only building for several hundred yards preceding it on Grand River and it was right at the intersection. He didn’t think anyone coming westbound on Grand River would have any challenge finding the dealership with a smaller sign. He said he would be comfortable if the sign was comparable to the sign on the front of the building which would bring it down to a smaller sign but larger than what was currently there. He said he was fine with the monument signs even though they didn’t quite meet the ordinance requirements.
Mayor Pro Tem Gatt said he didn’t have any problem with the requests. He said he lived in the area and drove past the building many times per week and if you didn’t know what you were looking for you would drive right past the building if you were coming southbound on Meadowbrook from 12 Mile or westbound on Grand River. He thought the proposals were excellent and they would do much to enhance the City and the business in the City. He said what they were forgetting was that this was something General Motors was requiring not just Mr. Wood and his dealership.
Mayor Landry said the only thing he had a problem with was the size of the sign. He said he didn’t have a problem with the monument signs because Mr. Quinn was correct; it didn’t look like an auto dealership and they knew that when it was constructed. He said they were the ones that required all the brick and he was part of the group that drafted the Gateway ordinance; they specifically wanted a lot of brick in that area. He said he did have a problem with the size of the sign on the east, but if they reduced the size of it he didn’t have a problem with anything else.
Mr. Quinn said the old sign on the east side of the building was 40 square feet and they were asking for 200 square feet. Mr. Wood said he would agree to modify that to 100 square feet in the spirit of compromise.
Mayor Landry said the sign on the front of the building facing the southwest was 64 square feet.
Mr. Quinn said the 64 square foot sign sat on a smaller façade than would the one on the east which sat on a larger façade and had to be addressed to vehicles farther away than at the intersection because once you were at the intersection you could see the smaller sign on the building. Mr. Quinn corrected that the sign on the front of the building was 91˝ square feet as proposed.
Ms. McBeth said they were working off of the best plans they had when they came up with the numbers and they received some closer numbers the day after the packets went out. She said the sign on the east side they thought was 200 square feet turned out to be closer to 248 square feet, which was the one Mr. Wood just said he would be willing to reduce to 100 square feet. She said on the southwest building elevation, they thought it was 64 square feet, but was really 91 square feet. She said the other correction was the medallion signs were a little bit larger.
Member Fischer asked for the square footage of the Rock Financial sign facing I-96.
Ms. McBeth said in similar districts they would expect one wall sign that would be a maximum of 65 square feet or one monument sign that would be 35 square feet but not both.
Member Fischer said he appreciated the willingness for compromise but he still thought, given that Council was inclined to support a monument sign on that eastern side, as well as a sign larger than any other sign on the building, he didn’t know if he would be willing to go to that length. He said he understood there were some issues with contractual agreements and franchise agreements with General Motors, but they had those many times in the past and ZBA did a great job of dealing with that and compromising with the local owners and the major business. He said he was willing to support the other pieces of the proposal but not the signs at that point.
Mayor Pro Tem Gatt thanked Mr. Quinn and his team for compromising. He was prepared to vote yes on the first endeavor and was certainly prepared to vote yes on this one.
Mayor Landry asked if there was just going to be a crest on the monument signs or if there were going to be words as well.
Mr. Quinn said it would be the only place that it said Cadillac of Novi.
Mr. Dellicolli said the sign was 5 foot high and 7 foot wide and it said Cadillac of Novi with the crest bearing down below it. He said it was set on a stone monument made out of Indiana Sandstone.
Mayor Landry confirmed the reason the words were in a different type was because it was a trademark.
CM-11-05-070 Moved by Staudt, seconded by Gatt; MOTION CARRIED: 5 – 1
To approve the Third Amendment to the Special Development Option concept plan and agreement for Gardan LLC for Cadillac of Novi SP 11-10, subject to the following:
Member Mutch said he wasn’t going to support the motion as proposed although he did appreciate the effort by the applicant to reduce the signage size. He said going from 40 square feet to 240 square feet and then going down to 100 square feet; they were still at 2˝ times the existing sign. He said he was a little more comfortable with it because it was closer to the southwest sign and then having heard that the southwest sign was not 64 square feet but it was actually 91 square feet, he felt they needed to bring down the size on the southwest sign. He said the Mayor pointed out that in addition to getting the medallion signs on the entryways, there was also text which added more into the discussion.
Member Wrobel said he would support the 100 square foot sign because from a practical standpoint driving west on Grand River, based on the topography and where the entranceway was, he thought it wasn’t out of line for them to have a little forewarning.
Mayor Landry said he would support it because he hated deciding at the table whether it was 85 or 92˝ or 100. The real reason he was going to do it was because it was a script Cadillac sign, it wasn’t a big square backlit neon sign; it was just a script on stone.
Member Mutch said he changed his mind and would support the motion, because the scale was not an issue. He was on the fence but has decided. He would like to see the signs a little smaller, but if the east side sign was close to the southwest sign he was comfortable with it.
Roll call vote on CM-11-05-070 Yeas: Wrobel, Landry, Gatt, Mutch, Staudt
CM-11-05-071 Moved by Staudt, seconded by Gatt; MOTION CARRIED: 5 – 1
To approve the Preliminary Site Plan for Gardan LLC for Cadillac of Novi SP 11-10, subject to the following:
This motion is made because the plan is otherwise in compliance with Article 9, Article 24, and Article 25 and all other applicable provisions of the Zoning Ordinance.
Member Fischer restated that he didn’t have an issue with the majority of it but that he was still voting no because of the signs.
Roll call vote on CM-11-05-071 Yeas: Landry, Gatt, Mutch, Staudt, Wrobel
CM-11-05-072 Moved by Staudt, seconded by Mutch; CARRIED UNANIMOUSLY:
To approve the Stormwater Management Plan for Gardan LLC for Cadillac of Novi, SP 11-10, subject to:
This motion is made because the plan is otherwise in compliance with Chapter 11 of the Code of Ordinances and all other applicable provisions of the Ordinance.
Roll call vote on CM-11-05-072 Yeas: Gatt, Fischer, Mutch, Staudt, Wrobel, Landry
3. Consideration of adoption of Ordinance No. 11-23.27, to amend Chapter 22, "Offenses," Article II, "Offenses Against Public Administration," Section 22-96, to amend the standards for the regulation of alarm systems to clarify that residential burglar alarms are subject to the excessive false alarm penalties. First Reading
CM-11-05-073 Moved by Fischer, seconded by Wrobel; CARRIED UNANIMOUSLY:
To approve the consideration of adoption of Ordinance No. 11-23.27, to amend Chapter 22, "Offenses," Article II, "Offenses Against Public Administration," Section 22-96, to amend the standards for the regulation of alarm systems to clarify that residential burglar alarms are subject to the excessive false alarm penalties
Roll call vote on CM-11-05-073 Yeas: Fischer, Mutch, Staudt, Wrobel, Landry, Gatt
4. Consideration of adoption of Ordinance No. 11-177, to amend Chapter 27, "Planning," of the City of Novi Code of Ordinances, Article II, "Planning Commission," in order to conform to P.A. 33 of 2008, as amended, being the Michigan Planning Enabling Act, MCL 125.3801 et. seq. for the purpose of having planning and zoning in the City of Novi; to confirm membership of said commission in accordance with the statute; to enumerate its powers and duties; to provide for the regulation of land and the coordinated and harmonious development of the City of Novi; and to function in cooperation with other constituted authorities. First Reading
Mr. Cardenas said there was a deadline of July 1st to implement the new language. He said the only issue on hand was the option of possibly reducing the Planning Commission numbers because when the act was first adopted to establish the Planning Commission, the makeup of 9 members was required, but that was no longer in effect so Council had the option to reduce the Planning Commission to possibly 7 or 5 members, or keeping it at 9 members.
CM-11-05-074 Moved by Fischer, seconded by Staudt; MOTION CARRIED: 4 - 2
To approve the consideration of adoption of Ordinance No. 11-177, to amend Chapter 27, "Planning," of the City of Novi Code of Ordinances, Article II, "Planning Commission," in order to conform to P.A. 33 of 2008, as amended, being the Michigan Planning Enabling Act, MCL 125.3801 et. seq. for the purpose of having planning and zoning in the City of Novi; to confirm membership of said commission in accordance with the statute; to enumerate its powers and duties; to provide for the regulation of land and the coordinated and harmonious development of the City of Novi; and to function in cooperation with other constituted authorities with the recommendation that the Planning Commission get changed to 7 members.
Member Mutch asked if the number of members on the Commission was something the City Council could revisit at some future time to expand or contract within the range.
Mr. Schultz said that was correct.
Member Mutch said he wouldn’t support the reduction to 7 members. He understood there had been some concern recently in terms of meeting the requirements of the Planning Commission and having enough members. He thought it was ironic because he served on the Planning Commission in one of the City’s busiest times and they regularly had meetings with full agendas that ran several hours, it was never an issue having a sufficient number of members or having the members attend regularly. He wasn’t sure what was going on in terms of the current commission, it may be a matter of the members having conflicts or maybe with the reduction in workload, the members didn’t feel they needed to devote as much time to it. He said he liked having the larger group because it provided an opportunity to provide a cross section of community members and he knew they had a lot of different backgrounds at the table. He said up until recently, the commission had functioned well with the membership level that they had and he wasn’t interested in seeing it reduced.
Mayor Pro Tem Gatt said he was going to support the motion because there were currently 9 members and 2 of the current members, who were up for reappointment in June, had indicated they didn’t want to be reappointed. He said the last couple times they had a lack of a quorum, it had been more of an anomaly than anything else. He said by making the Planning Commission 7 members, it would be in conformity with the City Council and ZBA.
Member Wrobel said he agreed with Member Mutch, having served on the Planning Commission for 5 years. He enjoyed getting the perspective of more people on some decisions because everyone brought something different to the table. He asked Mr. Schultz about the potential of appointing people in various segments of government and asked if that was just an option.
Mr. Schultz said that was a requirement in the statute, the language was there in a much more brief reference under the old Municipal Planning Act and when it was rewritten with the input of some planners, the legislature expanded that language. He said there didn’t have to be a seat assigned but it needed to be a representative.
Member Wrobel said Mayor Landry and former Mayors had done a good job of appointing members to the commission with various backgrounds. He said it was an amazing makeup of the Planning Commission. He said he didn’t see a great benefit to changing the members from 9 to 7.
Member Staudt said 2 less people meant 2 less packets to create and 2 less opportunities to have to sit through longer discussions. He was in favor of streamlining the commission and reducing the number of people.
Mayor Landry said he would support the motion. He said 9 was a large group and they had the opportunity to change back if there was a problem. He thought they should give 7 members a try.
Member Fischer said they weren’t going down the path of specific seats. They were saying that the choices made gave a good cross reference and representation of the City as it was presently. He said he was supporting it because he thought the consistency with the City Council and the ZBA was important and as Member Staudt noted, 2 less people to sit through, create packets for, and answer questions. He said they had 7 people on City Council and had a good cross reference of the City and the same thing with ZBA. He said he was sure they could continue to create a Planning Commission representative of the City even with 2 less members.
Roll call vote on CM-11-05-074 Yeas: Staudt, Landry, Gatt, Fischer
Nays: Mutch, Wrobel
AUDIENCE COMMENT – None
MATTERS FOR COUNCIL ACTION – Part II
5. Appointments to Youth Council and Youth Boards & Commissions.
The following students were elected to the Youth Council:
The following students were elected to the Beautification Commission:
Torry Yu was elected to the Library Board.
The following students were appointed to the Parks, Recreation & Cultural Services Commission:
COMMITTEE REPORTS – None
MAYOR AND COUNCIL ISSUES – None
AUDIENCE COMMENT – None
There being no further business to come before Council, the meeting was adjourned at 7:58 P.M.
David Landry, Mayor Maryanne Cornelius, City Clerk
________________________________ Date approved: June 6, 2011
Transcribed by Natalie Laitinen